Federal Amicus

Results are sorted by the date of most recent activity.

Wheeler v. Arkema Inc.

U.S. Court of Appeals for the Fifth Circuit
Decided
October 17, 2019

Fifth Circuit grants interlocutory review of class certification order in environmental mass-tort litigation.  The U.S. Chamber filed an amicus brief urging the court to grant the defendant’s Rule 23(f) petition.

In re: MDL 2700 Genentech, Inc. Herceptin (Traztuzumab) Marketing and Sales Litigation

U.S. Court of Appeals for the Tenth Circuit
Pending
October 11, 2019

U.S. Chamber urges Tenth Circuit to hold that federal law preempts state-law claims challenging statements on a prescription drug’s label concerning the amount of the drug included in a vial.

Warner Chilcott (US), LLC v. City of Providence, A.F. OF L.

U.S. Court of Appeals for the First Circuit
Pending
October 8, 2019

U.S. Chamber files amicus brief urging First Circuit to clarify that district courts must provide a reasoned explanation for class-certification decisions in order to permit meaningful appellate review.

Domino's Pizza, LLC v. Robles

U.S. Supreme Court
Decided
October 7, 2019

Supreme Court declines cert. petition regarding whether or how the Americans with Disabilities Act applies to websites and apps.  The U.S. Chamber filed an amicus brief supporting cert.

Pfizer Inc. v. Adamyan

U.S. Supreme Court
Decided
October 7, 2019

Supreme Court declines cert. petition concerning removability of class actions under CAFA.  The U.S. Chamber filed an amicus brief supporting cert.

Muransky v. Godiva Chocolatier, Inc.

U.S. Court of Appeals for the Eleventh Circuit
Pending
October 4, 2019

Eleventh Circuit grants rehearing en banc in FACTA class action case, vacating panel opinion that had permitted class action settlement where the named class members had suffered no injury.  The U.S. Chamber previously filed amicus briefs in support of panel rehearing, which the panel initially granted before reissuing its opinion with the same conclusion, and in support of rehearing en banc.

Department of Homeland Security v. Regents of the University of California

U.S. Supreme Court
Pending
October 4, 2019

U.S. Chamber joins merits-stage amicus brief of 143 businesses and associations in support of deferred action for childhood arrivals (DACA) program. 

U.S. Forest Service v. Cowpasture River Preservation Association

U.S. Supreme Court
Pending
October 4, 2019

Supreme Court grants cert. petition to review Fourth Circuit’s incorrect opinion that the Forest Service lacks authority to grant rights-of-way hundreds of feet underneath national trails.  The U.S. Chamber filed briefs supporting rehearing in the Fourth Circuit and supporting cert. in the Supreme Court.

HSBC Holdings PLC v. Picard

U.S. Supreme Court
Pending
October 2, 2019

U.S. Chamber files amicus brief urging Supreme Court to grant cert. to review whether a bankruptcy trustee may use the Bankruptcy Code to claw back purely foreign transactions between foreign entities or whether such claims are barred by the presumption against extraterritoriality.

In re: National Prescription Opiate Litigation

U.S. Court of Appeals for the Sixth Circuit
Pending
October 2, 2019

U.S. Chamber files amicus brief urging Sixth Circuit to grant review and decertify unprecedented “negotiation class” unauthorized by Rule 23.

Salazar v. McDonald’s Corp.

U.S. Court of Appeals for the Ninth Circuit
Decided
October 1, 2019

Divided Ninth Circuit panel holds that McDonald’s is not a joint employer with its franchisee under California Labor Code.  The U.S. Chamber filed an amicus brief in support of this outcome.

Mozilla Corp. v. FCC

U.S. Court of Appeals for the District of Columbia Circuit
Decided
October 1, 2019

D.C. Circuit unanimously upholds core provisions of the FCC’s Restoring Internet Freedom Order.  The U.S. Chamber filed an amicus brief in support of this outcome.  By a 2-1 vote, the panel also vacates the order’s preemption provision barring states from adopting their own net-neutrality rules.  There is separate litigation, United States v. California, pending in the Eastern District of California concerning whether California’s net-neutrality law is preempted by federal law.  The U.S. Chamber filed an amicus brief on the preemption issue in that case.   

National Fuel Gas Supply Corporation v. New York Dept. of Environmental Conservation

U.S. Court of Appeals for the Second Circuit
Decided
February 5, 2019

Second Circuit vacates and remands decision regarding the extent that individual states may veto FERC-approved natural gas infrastructure projects

Gogel v. Kia Motors Manufacturing Georgia, Inc.

U.S. Court of Appeals for the Eleventh Circuit
Pending
September 26, 2019

U.S. Chamber urges en banc Eleventh Circuit to hold that a company did not violate Title VII’s anti-retaliation provision by terminating a human-resource employee for fomenting litigation against the company.  The U.S. Chamber previously filed an amicus brief in support of defendant company at the panel stage.  

GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC

U.S. Supreme Court
Pending
September 25, 2019

U.S. Chamber files amicus brief at merits stage in Supreme Court, arguing that the New York Convention on international arbitration does not conflict with domestic law applying equitable estoppel to enforce arbitration agreements against signatories.

Americans for Prosperity v. Becerra; Thomas More Law Center v. Becerra

U.S. Supreme Court
Pending
September 25, 2019

U.S. Chamber files amicus brief in support of cert. petitions in First Amendment cases, arguing that the Court should grant review of Ninth Circuit judgment permitting California Attorney General to demand donor information from nonprofits. 

Vazquez v. Jan-Pro Franchising International, Inc.

U.S. Court of Appeals for the Ninth Circuit
Decided
September 24, 2019

Ninth Circuit panel re-issues its opinion in independent contractor misclassification case and certifies questions concerning the retroactivity of the Dynamex decision to the California Supreme Court.  The Ninth Circuit previously granted rehearing and vacated its prior opinion in order to certify the retroactivity issues to the California Supreme Court.

Yearwood v. Department of Interior

U.S. Court of Appeals for the Fifth Circuit
Pending
September 20, 2019

U.S. Chamber files brief in case involving an arachnid known as the Bone Cave harvestman, urging Fifth Circuit to impose limits on federal government’s authority to regulate purely intrastate species under the Endangered Species Act. 

Gallion v. Charter Communications, Inc.

U.S. Court of Appeals for the Ninth Circuit
Decided
September 18, 2019

Ninth Circuit denies rehearing en banc in a First Amendment challenge to a prohibition in the Telephone Consumer Protection Act (TCPA).  The U.S. Chamber filed briefs on the merits and in support of the petition for rehearing, arguing that the panel erred in striking down an exemption from the TCPA for calls to collect debts owed to the federal government.

Patel v. Facebook, Inc. (rehearing)

U.S. Court of Appeals for the Ninth Circuit
Pending
September 16, 2019

U.S. Chamber urges Ninth Circuit to grant rehearing en banc and reverse class certification order in Illinois Biometric Privacy Act case with no actual injury and an expansive geographic scope.  Previously, the U.S. Chamber filed two briefs supporting reversal of the class certification order.

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